Landlord issues concerning neglagence and unlawfull entry
This is a discussion on Landlord issues concerning neglagence and unlawfull entry within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; My landlord has repeatedly failed to fix problems over the past two years, one of those being the air conditioner ...
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My landlord has repeatedly failed to fix problems over the past two years, one of those being the air conditioner not working due to fault of the landlord of which we had to pay for the unit to be fixed(not reimbursed). The final straw was when the airconditioners faulty wiring caught on fire burning up the wiring causing the unit to stop working. Over several days we were unable to reach our landlord and with the 110 degree heat and being in a trailer home we were concerned of fire hazard and had no choice but to pay to have the unit fixed for the second time. Now the landlord is refusing to reimburse us for the repairs. Finally giving in we had to pay our rent short the sum of the airconditoner repairs becaue it was an unforseen cost that left us short and noted we would pay the remainder a week later. Now the landlord is charging us late fee for each day we are late. Amist this whole issue the landlord entered our home without any notice or someone at the residence with out probable cause. Do we have a case for small claims and do we have any legal right to with hold payement? We have since given our notice.
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It is permitted to break the lease (or sue for the decreased lease value in small claims) if they have failed to comply with the lease and/or there are material health, noise or safety concerns--but save all information, evidence etc. in case they also dispute the situation and try to take you to small claims court.
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